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HomeMy WebLinkAboutMinutes 11/16/1976 202 CITY COUNCIL MEETING Port Angeles, Washington November'c16, .1976 CALL TO ORDER The meeting was called to order by Mayor Olson at 7:30 P.M. II ROLL CALL I Members Present: Mayor Olson, Councilmen Anderson, Buck, Haguewood, Hordyk, Ross, Wray. Members Absent: None. Staff Present: Manager Whorton, Attorney Taylor, Clerk Parrish. D. Flodstrom, J. Warder, P. Reed, R. Orton, H. Kochanek, D. Frizzell, J. Honnold, P. Carr, R. Parrish. Guests Present: M. McCall, P. Downie, D. Adolphsen, P. Adams, B. Jobe, J. Jobe, J. Sweatt, S. Sweatt, J. Boril, C. Whidden, K. Davidson, S. Fahnestock, III MINUTES Councilman Haguewood moved the minutes of the November 2, 1976 meeting be accepted and placed on file as received. The motion was seconded by Council- man Hordyk and carried. IV FINANCE 1. Glenbrook Circle LID No, 199. .- Councilman Hordyk moved the Council approve payment of $1,492.84 retainage I to Angeles Paving, Port Angeles, LID No. 199 Contractor, as recommended by City Engineer, John B. Warder in his Certification letter, dated November 10, 1976, which establishes that the thirty day period since completion and acceptance of the project has elapsed, clearance has been received from the Department of Labor and Industries and no liens have been filed. The motion was seconded by Councilman Buck and passed by the Council. 2. City Water Quality Lawsuit. Councilman Haguewood moved the Council approve payment of $60.82 to CH2MHILL for professional engineering services through October 24, 1976 in connection with water quality consulting. Councilman Hordyk seconded the motion and it carried. 3. Peabody Heights LID No. 198 Project. Councilman Haguewood moved the Council accept the completed Peabody Heights LID No. 198 project, The motion was seconded by Councilman Hordyk. During a brief discussion on the project, Public Works Director Flodstrom informed the Council that all the complaints that were reported as a result of the news- paper notice to the area residents that construction was being finalized have been responded to by the Department of Public Works, with all resolvable com- plaints being satisfied. Manager Whorton advised the Council that the Department of Public Works' project cost analysis has determined that the final assessments should be between one and two percent higher than ori- I ginally estimated. On call for the question on the motion to accept the completed project, the motion was unanimously passed by the Council. 4. Vouchers Payable, LIDs, Payroll. Councilman Hordyk moved the Council approve $797,132.81 Vouchers Payable, $28,670.37 LIDs, and $113,027.63 Payroll, The motion was seconded by Councilman Ross and passed by the Council. 203 CITY COUNCIL MEETING November 16, 1976 V ITEMS FROM THE AUDIENCE NOT ON.THE AGENDA - None. VI LEGISLATION. 1. CITIZEN AWARD. I An "Outstanding Citizen Certificate" was presented to fifteen year old John L. Jobe for outstanding cooperation and assistance to the Port Angeles Police Department thus enabling them to perform their police duties in a better manner for the benefit of the Port Angeles residents. The award was presented to John Jobe by Police Sergeant Johnnie Sweatt, who brought this matter to the attention of the Council. Sergeant Sweatt des- cri bed the heroi cacti ons of John Jobe who confronted two adult males that were harassing an older woman walking her dog. By distracting the assailants to himself, the woman was able to get away but John suffered serious injury. Although injured and shaken, John provided such an accurate description of the assailants to the Police Department that these individuals were picked up immediately, which later resulted in the actual person who perpetrated the assault being found guilty by the Court. After Sergeant Sweatt's presentation, Councilman Ross read a letter from the Port Angeles Multiple Listing Service of the Port Angeles Board of Realtors commending John Jobe for his courage and awarding him a $50.00 U. S. Treasury Bond. Mayor Olson also extended the Council's appreciation to John Jobe for his heroic deed. 2. PLANNING COMMISSION. I Mayor Olson read the minutes of the Planning Commission November 8, 1976 meeting with the following action being taken by the Council. Councilman Horydk moved the Council concur with the recommendation of the Planning Commission and grant a six month extension to the Conditional Use Permit issued to Peter Chase of 1026 E. Fifth Street to conduct a furniture re-upholstery business as a home occupation in the RS-7 zone. The motion was seconded by Councilman Buck and passed by the Council. It is noted for the record that the Planning Commission informed Mr. Chase that he will have to comply with the clarified definition of "home occupation" after it comes into effect as will any other applicant. The next Planning Commission item taken under consideration by the Council was the request of Ben Magnuson of 524 W. Boulevard for a rezone of an approximate 10 acre area on the south end of Pine Hill from RS-7 to RMF, The area is known as the old mill site and a major portion of the property is located outside the City limits. The Planning Commission held a public hearing on the request at their November 8 meeting and several area residents spoke in opposition to the rezone. Following the public hearing, the Planning Commi- ssion passed a motion to recommend the rezone from RS-7 to a residential multi- family and the PBP, with said rezone taking place at the time of the annexa- tion, and that tile rezone is subject to a commitment being made on the land being donated for tbe greenbelt. After Mayor Olson read this portion of the Planning Commission minutes, Manager Whorton recommended this matter be tabled until the annexation is considered. I Mayor Olson then requested comments from the audience. Area residents O. Adolphson and K. Anderson requested information from the developer on what is being planned for the property, with Mr. Adolphsen also requesting that an environmental impact statement be completed on the proposed project, Councilman Anderson moved that Mr. Magnuson's rezone request be tabled. The motion was seconded by Councilman Wray. At this time, Councilman Hordyk questioned Planner Carr on the City policy to zone all property being annexed to the City as RS-9. Planner Carr indicated that after the property is annexed, an Ordinance to change the zoning classification would be required. On call for the question, the motion to table this item was passed by the Council . 204 CITY COUNCIL MEETING November 16, 1976 VI LEGISLATION 2, PLANNING COMMISSION. . . . - ..... -.. - . Councilman Anderson moved the Council hold a public hearing at the December 15, 1976 Council. meeting on the Planning Commission's recommendation that the Council amend Zoning Ordinance No. 1709 to prohibit an oil port in the M-2 Heavy Industrial District. The motion was seconded by Councilman Hordyk and carried. Councilman Wray moved the Council hold a public hearing at the December 15, 1976 meeting on the Planning Commission's recommendation that the harbor area from Oak Street to Lincoln Street be rezoned from M-2 Industrial to CBD Commercial Zone. The motion was seconded by Councilman Buck and passed by the Council. I Councilman Buck moved the Council concur with the Planning Commission's recommendation and grant a Conditional Use Permit to Johnie Key of Rt. 5, Box 2140 to construct a duplex on lots 5-10, Block 28, Fogarty and Dolans Addition located west of the end of Fogarty Street. The motion was seconded by Councilman Anderson and carried. Councilman Haguewood moved the minutes of the Planning Commissjon November 8, 1976 meeting be accepted and placed on file. The motion was seconded by Councilman Hordyk and passed by the Council. 3. PUBLIC PIER. Manager Whorton informed the Council that the City's request for a Letter of Exemption from the Shoreline Management Act to renovate and modernize an existing facility, a pier at the foot of Lincoln Streets, is one step in the procedure to try to assure the U, S. Economic Development Administration that the City can have a pier project underway within 90 days of approval of I the Grant application. The City is also checking with the U. S. Army Corps of Engineers for an additional assurance, as the Corps of Engineers does not require a permit to replace an existing peir that had been constructed before Detember 18, 1968. Councilman Hordyk moved the Council grant the City a Letter of Exemption from the Shoreline Management Act. The motion was seconded by Councilman Buck and passed by the Council. 4. ANNEXATION REQUEST. Councilman Buck moved Ben Magnuson's request to annex approximately eight acres at the south end of Pine Hill to the City of Port Angeles be referred to the Planning Commission for a public hearing to determine if Mr. Magnuson should be permitted to circulate an annexation petiHon. The motion was seconded by Councilman Ross and carried. 5. SIX-YEAR COMPREHENSIVE STREET PROGRAM. The public hearing on the Six Year Street Improvement Program was opened at 8:07 P.M. by Mayor Olson, with Mayor Olson requesting comments from the audience on the proposed plan. As there was no participation from the audience, the Mayor declared the hearing closed at 8:10 P.M. Mayor Olson then read in full Resolution No. 22-76 whereby the Council would I adopt the Six Year Street Improvement Program for the City of Port Angeles. with a copy of the said program and Resolution being filed with the Director of Highways of the State of Washington. - Councilman Hordyk moved the Council adopt Resolution No. 22-76 as read by Mayor Olson. The motion was seconded by Councilman Buck and unanimously carried. 6. LEASE RENEWAL. Councilman Buck moved Joe Baron's request for renewal of his lease with the City of Port Angeles for rental of approximately 40 acres of grazing land be tabled and a fair rental fee be renegotiated. The motion was seconded by Councilman Anderson and carried. I 205 CITY COUNCIL MEETING November 16, 1976 VI LEGISLATION 7. GAMBLING TAX EXEMPTION REQUEST. Councilman Haguewood moved the Clallam County Fair Association's request that Burback Funtastic Shows, a carnival operating at the Clallam County Fair, be exempt from paying the City of Port Angeles Tax on Gaming Devices be tabled. The motion was seconded by Councilman Wray and carried. 8. FRANCHISE - PORT ANGELES TELECABLE. Councilman Hordyk moved that Port Angeles Telecable's request for a rate increase in 1977 be tabled until such time as a P. A. TelecabJ.e Financial Statement is forwarded to the City Council. The motion was seconded by Councilman Wray and passed by the Counci 1. 9. EDIZ HOOK BEACH EROSION REPAIR PROJECT. , . .' ~ .", Manager Whorton advised the Council that the U. S. Corps of Engineer's notified the City of Port Angeles that it is necessary for the City to acquire from the U. S. Coast Guard an easement for the right to construct and maintain beach improvement works on Ediz Hook U. S. Coast Guard land which the Cit~<leases from the U. S. Coast Guard. Th~ U. S. Coait Guard has granted the City the required Easement and Title VI Assurances (non- discrimination in Federal Assisted Programs) and these documents are before the Council at this time, Manager Whorton stated. Councilman Wray moved the Council authorize Mayor Olson to sign the Easement and Title VI Assurances on behalf of the City of Port Angeles. The motion was seconded by Councilman Haguewood and passed by the Council. Also in conjunction with the repair project, Manager Whorton informed the Council that it is necessary for the City to amend its existing leases and subleases with Crown Zellerback Corporation, ITT Rayonier, Inc., and Penin- sula Plywood to incorporate the City's rights to construct and maintain beach improvement works on Ediz Hook. These noted documents, plus one rewritten sublease with Peninsula Plywood for Lease Lot No. 7 to replace an apparent lost document, were drawnup by Attorney Taylor and are before the, Council for their consideration at this time, Manager Whorton stated. Councilman Buck moved the Council authorize Mayor Olson to sign the aforesaid documents on behalf of the City of Port Angeles. The motion was seconded by Councilman Hordyk and carried. I 10. LATE ITEMS. Burrowes and Fox Logging Company Litigation. Manager Whorton informed the Council that a letter has been received from Stanley R. Burrowes in which he states that the logging firm is prepared to offer to trade, exchange or sell to the city the necessary watershed control corridors of land along Lake Creek and Morse Creek, and, that the discussion and development of such a watershed control corridor would certainly be a move that would cause the firm to withdraw the legal appeal that will most surely occur since Burrowes and Fox have not been able to find an acceptable alternative to gain access to their property short of an appeal. This matter does not require any action by the Council at this time, according to Manager Whorton; at the appropriate time the proposal will be an Agenda Item for Council consideration. I VII STAFF REPORTS 1. Councilman Ross moved to accept and place on file the September Financial Reports, Revenues and Expenditures, C. E. Expenditures, and, the Treasurer's Report; the October Reports for Fire, Parks and Recreation, Police, Municipal Judge and Utilities; and the Out-of-Town Reports of Willson, Flodstrom and Warder. The motion was seconded by Councilman Buck and carried. 206 CITY COUNCIL MEETING November 16, 1976 VII STAFF REPORTS. 2. Edfz Hook: Councilman Ross initiated a discussion regarding the fact that the federal government is the owner of a major portion of Ediz Hook and that the Coast Guard should be involved in all plans the City has for the Hook, specifically the Ediz Hook Beach Erosion Improvement Project and the Planning Commission's recommendation to include an oil port ban in the City's Zoning Ordinance. Manager Whorton will follow I through on this matter. _c 3, Energy Conservation: Councilman Anderson requested Public Works Director Flodstrom to provide him with any data gathered at the ICBO Seminar in Issaquah relating to "Energy Conservation Methods and Practices." VIII ADJOURNMENT. The meeting adjourned at 8:35 P.M. ~dK~~;~/&'(~h/1~ ity Clerk ~~~ Mayor ' r 111276A NOTICE OF HEARING NOTICE IS HEREBY GIV~N 'hat pursuant tel the requIrements elf RCW 35.77.010. ' the C.tv elf Pelrf Angeles intencls tel review its Six Year Comprehensive Street Program, The estimatecl costs ancl meanS of financing are on file wlt~ the Cltv Engineer and are :~~'~::~S~~~ public inspection A public hearing on the propoSed comprehensive plan will be held before the City Council in the City Council Chambers at 134 West Front Stree!, Port Angeles, Washmgton, at 7:30 P,M" I November 16. 1976. < Anv penon clesiring to Object I' to said addition Shall file a I wrilfen protest with the CItV ' Clerk or orallv object at the , public hearing. ' John B, Warder i' , City Engineer ~ Pub,: Nov, 12, 1976, I. ~, I I I ( v7wz;/1 111276C 1,/76 cA1~T~~~ ~OS NOTice Is hereby given that sealed bids will be received by the Cltv Clerk, City of Port. Angeles, 140 W, Fronf Street,! P,O. Box 711, Port AngeleS'j Washington, 98362, until 2:00 t. P,M.,_...-Tuesday,__December 7,. 1976, and the Citv wlli reject ait ,. bids received after the Scheduled closing time and date, and will be opened publici V af that time for furnishing the following equipment and.or material: One, 12,16,20 MVA Outdoor Unit Substation j Bid specifications may be obtained tram the Office Of the I City Manager, Port Angeles, . Washington, ' A certified check or bid bond , for S percent of the amount of : the bid shali accompany each J~ bid. AIi bids are to Include deliveryc F.O.B, Port. Angeles, 1 Washington. . Bids wlil be opened and , tabulated for the CltV Council I for consideration by said f~7~~Cil in session December 15, , The Council reserves the. \ right to consider deliverv time ; and to accept or tel reiect any or ali bids elr any part thereof, The unit price shali prevail I and the City reserves the right j tel correct any extenslelns or , improper sales taxes. Pub,: Nov, 12, 19, 1976. 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